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Gardner v. Simpson Financing Limited Partnership

United States District Court for the District of Massachusetts · 2013 · Civil Procedure

Civil Procedurejudgment as a matter of lawnew trialremittituremotional distress damagessubsequent remedial measuresRule 50Rule 59

Facts

Plaintiffs were tenants in an apartment building owned and operated by Simpson that burned on May 29, 2008. Trial evidence showed there had been multiple prior mulch fires on the property, that a fire inspector and a maintenance supervisor communicated recommendations that mulch be pulled away from the buildings, and that the mulch was not moved before the building fire. Plaintiffs testified about the destruction of their property, seeing the building burn, physical symptoms of emotional distress, and, for some, the loss of pets. The jury awarded each plaintiff property damages and $450,000 each for emotional distress.

Issue

Whether the evidence was legally sufficient to support the jury's findings of liability and emotional-distress damages without expert testimony, and whether the verdict should be set aside or reduced because of the weight of the evidence, admission of subsequent remedial measures, alleged surprise in plaintiffs' theory of liability, or excessive emotional-distress awards.

Rule

Judgment as a matter of law is proper only when, viewing the evidence in the light most favorable to the verdict, reasonable minds could not differ. A jury may assess negligence and causation without expert testimony when the alleged duty concerns a landlord's response to a known, specific fire risk and the matters are within common knowledge; emotional-distress damages require proof of emotional distress plus objective manifestations, but not corroborating medical evidence or expert medical testimony. A new trial is warranted only when the verdict is against the clear weight of the evidence or results in a miscarriage of justice, and remittitur is required only when the award exceeds any rational appraisal of damages supported by the evidence.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Worcester, landlord Maple Court Residences had experienced four small planter-soil fires near an apartment building over ten days, each apparently started by discarded cigarettes. A fire captain told the property supervisor to move the combustible planters away from the wooden exterior, but nothing was done before a later fire spread from the planters to the building and displaced tenants.

At the close of the tenants’ case, Maple Court moves for judgment as a matter of law, arguing the tenants needed expert testimony establishing the precise safe distance between combustible planters and the building. How should the court rule?

Explanation. The motion should be denied. The governing rule is that JMOL is improper if, viewing the evidence in the light most favorable to the verdict, reasonable minds could differ. Where the theory is not that a material is inherently dangerous in all circumstances, but that the landlord failed to address a known, specific fire risk after prior incidents and warnings, the jury may evaluate breach without expert testimony if the matter is within common knowledge. (Derived from Gardner v. Simpson Financing Limited Partnership (2013).)